Add name to title? pro---con

Sumali55

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Jan 15, 2005
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Hi all,
My wife is a Dominican-American with dual citizenship. I am an American citizen with permenant residiencial . We are married legally for 6 yrs. Been together for ten yrs. We have a house in my wife's name only. We have 1 son together I have 2 other children with another ex-wife in NY. My questions are, can my name be added to the title without to much hassel or expense. In case my wife dies befor me would I get to share the house with my son? Or am I better protected with my name on the title? Thank you inadvance for everyone's help...
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Were you married to your wife when the house was purchased? Are you married under community property law?

If the answer to both questions is yes, the house is already 50% yours even though you don't show up in the title. Your wife cannot even sell it without your approval and signature.

As for your second question, if your son is your wife?s only heir, upon her death, her 50% of the property will go to him and you will keep your 50%.
 

Sumali55

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Jan 15, 2005
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Dear Mr. Guzman,
When we bought the land we were not married. That was the main reason plus I was not a resident that we put it in her name. We built the house on the land while we were married. What are my rights? Should I add my name to title under these circumstances? We were married in New York City .. Thank You again..
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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By law, real estate acquired by a spouse before marriage does not become community property upon marriage; therefore, the land belongs to your wife alone.

As for the house built on the property after the marriage, it is community property.

If the Certificate of Title was issued for the land alone, you may record your name as 50% owner of the house. For this, you must go through a process of petitioning the Land Court to register the improvements, for which you must have approved plans for the house.
 

susan&Eric

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Aug 5, 2006
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Community Property Question

Mr. Guzman,

Thank you for taking time to reply to posts on this board....they are very
helpful. I have a question regarding community property in DR.

My boyfriend and I currently have an option to purchase in a new condo
development with progress payments due through to completion of the
project by the end of the year. Both of our names are on title. If we
marry before final purchase is the property considered community property?
I have no children but my boyfriend has 3. If he should die, does the
property move to me as sole owner or do I own only 50% with his ownership
divided amngst his 3 children? Likewise, since I have no children, if I die
does the property go to my "husband" or "next of kin" ie my father or brother?
Can Amercian wills/trusts overide Domincan heirship?

Thanks for your help!!!

Susan
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
83
www.drlawyer.com
My boyfriend and I currently have an option to purchase in a new condo
development with progress payments due through to completion of the
project by the end of the year. Both of our names are on title. If we
marry before final purchase is the property considered community property?
I have no children but my boyfriend has 3. If he should die, does the
property move to me as sole owner or do I own only 50% with his ownership
divided amngst his 3 children? Likewise, since I have no children, if I die
does the property go to my "husband" or "next of kin" ie my father or brother?
Can Amercian wills/trusts overide Domincan heirship?

Since both your names are on the title, the property belongs 50-50 to you and your boyfriend unless a different proportion is stated on the deed of sale.

Should your boyfriend die, his 50% would go to his children. He may however do a will and leave you 1/4 of his 50%; the remaining 3/4 is reserved by law to his children.

If you die "intestate" (without a will), your 50% would go to your parents and siblings. You may, however, do a will and leave 1/2 of your 50% to your boyfriend, or all of it, if your parents are deceased.

Neither an American trust nor will can overide Dominican forced heirship rules.

I'd recommend you consult an estate attorney on this.